4 of 4: Common Arguments in a Post-Conviction Argument – New Evidence of Innocence
New Evidence of Innocence is another common argument in a post-conviction argument. The United States Supreme Court, in Schlup v. Delo, states that actual innocence allows the reviewing tribunal to consider the probative force of relevant evidence that was either excluded or unavailable at trial. But will any new evidence suffice? Not exactly. The Court in Schlup v. […]
3 of 4: Common Arguments in a Post-Conviction Argument – Misconduct by the Prosecution
Misconduct by the prosecution can transpire in a multitude of ways, such as suppression of evidence and making improper remarks to a jury. In 1935, the United States Supreme Court stated in Berger v. United States that a prosecutor “…may prosecute with earnestness and vigor — indeed, he should do so. But, while he may […]
2 of 4: Common Arguments in a Post-Conviction Argument – Juror Misconduct
The Rules of Evidence restrain juror testimony, which makes gathering evidence to prove juror misconduct more difficult. Federal Rules of Evidence 606(b)(1) provides that jurors may not testify about what was said in jury deliberations, the effect of anything on the juror’s vote, or the mental processes concerning the outcome of the case. This rule […]
1 of 4: Common Arguments in a Post-Conviction Argument – Ineffective Counsel
Ineffective counsel can transpire in a multitude of ways. In sum, if an attorney fails to zealously advocate and thoroughly prepare for a client’s case, there is a potential for an ineffective counsel argument. Did the attorney fail to object to the state’s damaging evidence? Did the attorney fail to request an obvious jury instruction? […]
Can You Challenge an Estate Plan During the Testator’s Life?
If you believe a loved one was unduly influenced to change their estate plan, can you object to the estate plan during your loved one’s life? Or, is the case not ripe until after your loved one’s death? This issue was recently litigated in Maryland. In this case, Amy had filed a petition for guardianship over […]
What Elements Must be Met for a Hardship Waiver?
Federal law, specifically 42 U.S. Code § 1396p(c)(2)(D), dictates that a state must establish procedures that allow a Medicaid applicant to receive needed care via a hardship waiver. In these cases, the applicant (or their spouse) had made a transfer during the look-back period that would otherwise incur a penalty whereas the applicant would not be […]
The Importance of the Language Used in a Legal Document
Language can be tricky, imprecise, and confusing. When drafting legal documents, it is important to convey a certain meaning without needing external input on deciphering that meaning. After all, these documents may need to be interpreted after the person expressing their wishes has died or is incapacitated. Having a legal document with a term that […]
Stan Lee Estate Settles Lawsuit Against Former Agent
Stan Lee, the legendary comic book creator, died in November 2018 and his estate has been in litigation ever since. Stan’s wife had died in July 2017 and thereafter Stan had named Jerry Olivarez, a publicist, as agent under a power of attorney. The Compliant in the probate case alleged that Jerry did several unscrupulous […]
Everyone Should Plan for Long Term Care
The U.S. Department of Health and Human Services states that almost 70% of folks aged 65 and over will need some type of long-term care in their remaining lifetime. What will this care look like? How will this care be paid for? How will the senior’s family be affected? Answering these questions and creating a plan […]
Why have a trust instead of a will?
SHOULD I HAVE A TRUST OR A WILL? When faced with the issue of deciding how to go about devising your estate to your family and loved ones, the sheer amount of options can be overwhelming. Many people think a simple will is the best way to distribute their estate. While a will is certainly […]